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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT FOR SALE AND PURCHASE BETWEEN ARSH OIL & GAS LLC AND THE CITY OF POMPANO BEACH FOR THE PURCHASE OF PROPERTY LOCATED AT 550 SOUTH CYPRESS ROAD; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: $649,000.00)
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(Staff Contact: Cassandra LeMasurier)
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Summary Explanation/Background:
Property owner Arsh Oil & Gas LLC has indicated a desire to sell the property identified as Broward County Property Appraiser (BCPA) folio 4942 01 00 0410 located at 550 S Cypress Road, Pompano Beach, FL 33060 the (“550 property”) to the City of Pompano Beach for $649,000.00. The property is a former gas station with a 23,229 square foot lot and 2,551 square foot building located at the northwest corner of Sergeant Kip A. Jacoby Park, formerly known as Norwood Pines Park. The BCPA information and aerial of the property is included as Exhibit 1.
The 550 property is surrounded by Sergeant Kip A. Jacoby Park (“Park”) on its south and east borders and has always been contemplated to be incorporated into an expansion of the Park amenities as described in the City's Parks Master Plan (Master Plan), adopted by the City Commission July 2013. The conceptual plan for the Park expansion in the Master Plan includes the 550 property as part of the Park to double the parking by adding an additional twenty (20) parking spaces and additional greenspace. As noted in the Master Plan Commission District 3 is in need of additional park land and there are no vacant sites within the District to locate new parks. Acquisition of this property will add an additional .55 acres to the existing 5.4 acre Park. The proposed Park improvements and conceptual plan in Section 7.4 of the Master Plan are included as Exhibit 2.
The property has been vacant with no water service or City business tax receipt since 2010 and has numerous code compliances cases dating back to 2012 for overgrown grass, accumulation of trash/litter, inoperable vehicles and most recently homeless people occupying the property. The four (4) 4,000 gallon underground storage tanks used for fuel storage were removed November 2018. The property is part of the Florida Department of Environmental Protection’s (FDEP) Low Scored Site Initiative (LSSI) program. The LSSI program is a voluntary initiative which oversees the monitoring and any remediation of contamination which is required to “clean up” the property so a No Further Action (NFA) status can be obtained and provides funding for a specified period of time for site assessment and remediation.
BTEX Engineering, Inc. (BTEX) the State Cleanup Contractor for the site has completed site assessment (soil and groundwater sampling using monitoring wells) from June thru October 2018 and January thru May 2019 under the LSSI program. As of the May 2019 sampling gasoline and diesel constituents remain above their respective clean up target levels in two monitoring wells, MW-5 and MW-D. MW-5 should naturally attenuate (decrease to required levels) on its own in a short amount of time (3 - 6 months). MW-D levels may take some time to attenuate. The next sampling is scheduled for August 22, 2019. Should sampling data not show a shrinking or stable groundwater plume, one possible scenario to remediate the site would be to excavate contaminated soils (below the water table) from the old underground storage tank area. Initial estimates put this effort at $35,000 - $45,000. Follow up sampling after the excavation would be necessary to complete closure of the site.
The Broward County Tank Closure Assessment Report review comments from March 2019 and the December 2018 Tank Closure Assessment Report and are included as Exhibits 3 and 4. The June 2019 Natural Attenuation Monitoring (NAM) Report prepared by BTEX with the most recent data is included as Exhibit 5.
Staff is requesting City Commission approval to enter into a purchase contract with Arsh Oil & Gas LLC for $649,000.00 to purchase the property located at 550 S Cypress Road.
Origin of request for this action: Staff
Fiscal impact and source of funding: $649,000.00 from Fund Balance - General Fund with attached Budget Adjustment.
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RStrategic Plan Initiative
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Goal 1 Preferred Place to Live
Item 5. Develop facilities/programs to match the changing recreational needs and preferences of the community.
Item 8. Have top quality parks with a variety of amenities throughout Pompano Beach.